2012 (8) TMI 953 - AT - Income Tax

Adjustment of brought forward losses and depreciation before allowing exemption u/s 10B - Held that - We find that the issue involved in the present case is no more res integra and is covered by the aforesaid recent decision of Hon ble jurisdictional High Court in the case of CIT vs. Black & Veatch Consulting (P.) Ltd. (2012 (4) TMI 450 - BOMBAY HIGH COURT) wherein it has been held that brought forward unabsorbed depreciation and losses of unit, income of which is not eligible for deduction u/s 10A, cannot be set off against current profit of eligible unit for computing deduction u/s 10A. Non-allowance of provision of fringe benefit tax from the book profits u/s 115 JB - Held that - We find that the facts are not in dispute inasmuch as it is also not in dispute that the A.O. has not discussed the above issue at all in the assessment order. However, the ld. CIT(A) without examining the relevant entries in the books of accounts and the P&L account has upheld the order of the A.O. Since the order passed by the Revenue Authorities on this account is not a speaking order inasmuch as it requires examination of facts, therefore, in the interest of justice, we consider it fair and reasonable that the matter should go back to the file of the A.O. and accordingly we set aside the order passed by the Revenue Authorities on this account and send back the matter to the file of the A.O. to decide the same afresh in the light of our observation hereinabove and according to law after providing reasonable opportunity of being heard to the assessee. The grounds taken by the assessee are, therefore, partly allowed for statistical purpose

Summary

Issues:
1. Adjustment of brought forward losses and depreciation before allowing exemption u/s 10B of the Income Tax Act.
2. Non-allowance of provision of fringe benefit tax from book profits u/s 115 JB of the Act.

Analysis:

Issue 1: Adjustment of brought forward losses and depreciation before allowing exemption u/s 10B:
The appellant, engaged in the manufacturing business, filed a return declaring total income as 'Nil'. However, the assessment resulted in an income of &8377;93,750/- as per regular computation and &8377;20,33,250/- under section 115JB of the Act. The dispute arose regarding the adjustment of brought forward losses and depreciation before allowing exemption u/s 10B. The Assessing Officer (A.O.) rejected the claim of deduction u/s 10B, citing non-satisfaction of basic conditions. The A.O. emphasized the need for intra-head and inter-head set-offs before computing total income. The A.O. relied on legal provisions and precedents to disallow the deduction. On appeal, the ld. CIT(A) upheld the A.O.'s decision based on judicial decisions. However, the appellant cited recent judgments supporting their claim. The Tribunal, following a recent decision of the jurisdictional High Court, directed the A.O. to allow the claim in accordance with the said decision, thereby reversing the previous orders and allowing the grounds taken by the assessee.

Issue 2: Non-allowance of provision of fringe benefit tax from book profits u/s 115 JB:
The second issue pertains to the non-allowance of provision for fringe benefit tax of &8377;1,28,000/- from book profits u/s 115JB of the Act. The ld. CIT(A) upheld the A.O.'s decision without discussing the issue in detail. The appellant argued that the provision for fringe benefit tax should be allowed as a deduction in the computation of book profit under section 115JB. The appellant referred to circulars and legal provisions to support their claim. The Tribunal observed that the A.O. and the ld. CIT(A) did not adequately address the matter. Consequently, the Tribunal set aside the previous orders and remanded the issue back to the A.O. for a fresh decision after providing a reasonable opportunity for the assessee to be heard. The Tribunal partially allowed the grounds raised by the assessee for statistical purposes.

In conclusion, the Tribunal's judgment addressed the issues of adjustment of brought forward losses and depreciation before allowing exemption u/s 10B and the non-allowance of the provision for fringe benefit tax from book profits u/s 115JB. The Tribunal reversed the previous decisions on the first issue based on recent legal pronouncements, while remanding the second issue back to the A.O. for a fresh decision.